The Madhya Pradesh High Court ruled that women employees in State-run establishments cannot be denied maternity leave benefits for not completing 80 days of service. It clarified that the 80-day requirement applies only to private workplaces.
The Madhya Pradesh High Court held that the requirement for women employees to have worked at least 80 days in order to qualify for maternity leave benefits does not apply to State-run establishments.
Under Section 5(2) of the Maternity Benefit Act, a woman employed in an establishment for fewer than 80 days before the expected date of delivery is not entitled to maternity benefits.
However, Justice Vishal Dhagat observed that the 80-day rule within a 12-month period applies only to private employers.
Read Also: Maternity Leave for Government Employees| Delhi HC Urges Centre to Review 2-Child Policy
The Court said,
“Said bar of working 80 days in 12 months for availing benefit of grant of maternity leave shall not be applicable over establishment of State Government. State is required to take welfare measures for its citizens … Order will apply to State Government and rigour of 80 days work in previous 12 months for availing maternity leave benefit shall apply in accordance with Act over other establishments except State Government,”
The judgment emphasized the State’s obligation to implement welfare measures, noting that a constitutional court must uphold the spirit of the Constitution and its directive principles.
The court referenced India’s identity as a Sovereign, Socialist, Secular, Democratic Republic and stressed the State’s duty to deliver social, economic and political justice.
It cited Article 38, which directs the State to promote the welfare of the people, Article 39, which requires policy aimed at securing the health and strength of workers (including women and young children), and Article 39A, which mandates equal justice and free legal aid.
These directive principles guide State policy, the court said.
The ruling arose from a petition by a guest teacher who had been granted maternity leave in 2023 but received no honorarium. The State had denied paid maternity leave citing Section 5(2) of the Maternity Benefit Act, 1961.
Read Also: Delhi HC Rules on Maternity Benefits for Legal Aid Lawyers
Concluding that the State cannot deny maternity benefits on this basis, the Court held that the teacher (petitioner) is entitled to 26 weeks of paid leave.
It ruled,
“For said period, petitioner is to be given benefit of the wages. For rest of leave period, no honorarium is to be paid to petitioner and will be treated to be leave without pay,”
Advocates Hitendra Kumar Golhani and Kajal Vishwakarma represented the petitioner, while Advocate Kamal Singh Baghel appeared for the State.